What changes does the EPC 2000 involve with regard to further processing as a remedy (Article 121 EPC 2000)?
The revised Article 121 EPC 2000 extends the application of further processing and makes it the standard remedy for missed time limits in the European patent grant procedure. Under Article 121(1) EPC 2000 the applicant can request further processing of his application if he fails to observe a time limit vis-à-vis the EPO. Further processing is thus available for all missed time limits in the grant procedure, with the exception of those excluded under Article 121(4) EPC 2000 (see also the list of exclusions in Rule 135(2) EPC 2000). As in the past, Article 121 EPC does not apply to the time limits to be observed by the parties in opposition and opposition appeal proceedings. Under the EPC 2000, in contrast to the previous situation, further processing is also available where only a partial loss of rights has occurred, or where the missed time limit is one which is fixed by the Convention.
Related Questions
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